Ralph Knight, Inc. v. Mantel

STONE, Circuit Judge.

This is an appeal from a judgment for overtime and counsel fees under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219. In addition to briefs filed by the parties, the Administrator filed a brief amicus curiae which was answered by appellant.

The broad issue is whether appellee was an “executive” and, as such, exempt from the Act under section 13(a) (1) thereof. The particular issues are as to the validity of one of the elements in the definition of “executive” in the amended Regulations (Part 541.1. 5 F.R. 4077) and as to the sufficiency of the evidence to…